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Hotel’s liability for risky activity of guest under the Occupiers’ Liability Act 1957 (The White Lion Hotel v James)

The following Property Disputes news provides comprehensive and up to date legal information on Hotel’s liability for risky activity of guest under the Occupiers’ Liability Act 1957 (The White Lion Hotel v James)

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Fracking—shaking up the law of trespass?

The following Energy news provides comprehensive and up to date legal information on Fracking—shaking up the law of trespass?

$Under what circumstances could businesses challenge fracking in their area?$

Under what circumstances could businesses challenge fracking in their area?

The following Energy news provides comprehensive and up to date legal information on Under what circumstances could businesses challenge fracking in their area?

Featured Property Disputes content

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

In-house

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

9th Nov

Practice notes

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

9th Nov

Most recent Key developments and horizon scanning content

Practice notes

Property key future developments tracker

Once a development occurs, it is then moved to the relevant archive:•Property key future developments tracker—2021 archive•Property key future...

28th Jan

Practice notes

Coronavirus (COVID-19)—property in Scotland

This Practice Note introduces the key implications that property practitioners in Scotland should consider in relation to the coronavirus pandemic,...

28th Jan

Q&As

Does section 82 of the Coronavirus Act 2020 (the ban on business tenants being evicted) apply to tenancies at will and expired leases which have contracted out of the Landlord and Tenant Act 1954?

Tenancies at willSection 82 of the Coronavirus Act 2020 (CA 2020) applies to ‘relevant business tenancies’ which are defined at CA 2020, s 82(12) as...

27th Jan

Practice notes

Introduction to the EU GDPR and UK GDPR

On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...

26th Jan

In-house

Practice notes

Coronavirus (COVID-19) civil court specific guidance—dispute resolution

This Practice Note should be read in conjunction with Practice Notes:•Coronavirus (COVID-19) implications for dispute resolution•Coronavirus...

26th Jan

COVID-19

Practice notes

Coronavirus (COVID-19)—implications for property

This Practice Note introduces the key implications that property practitioners should consider in relation to the coronavirus pandemic, including the...

26th Jan

COVID-19

In-house

Practice notes

Coronavirus (COVID-19) implications for dispute resolution

This Practice Note aims to assist dispute resolution practitioners seeking to understand the fast-moving changes to civil court processes and...

25th Jan

COVID-19

Q&As

The prescribed form for a section 8 notice in Wales is Form 3 in the Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997, SI 1997/194. Is there a gap in legislation regarding reference to grounds 7A and 7B in the prescribed form in section 4 (Notes on the grounds for possession)?

By the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 (the 1997 Regulations), SI 1997/194, reg 3(c), the prescribed form of a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

The prospective tenant of lease to be contracted out of the Landlord and Tenant Act 1954 needs to swear a statutory declaration. Can the declarant swear this via Skype or do they need to be in the physical presence of the independent solicitor?

The requirements of the Landlord and Tenant Act 1954Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for limited security of tenure for...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 22nd Jan

COVID-19

Q&As

If a section 21 notice is dated and posted on a bank holiday, is it validly served? If so, when will it be deemed served? Does a section 21 notice expire ten months (because of coronavirus (COVID-19)) from the date stated in the notice, ten months from the date it was served or ten months from the effective date of service?

Common law rules of service apply to notices served under section 21 of the Housing Act 1988 (HA 1988) (to seek possession of an assured shorthold...

22nd Jan

Q&As

What are a landlord’s options when a commercial tenant, with an excluded tenancy, is unable to leave at the end of the tenancy due to the current coronavirus (COVID-19) pandemic? If the tenant is living at the commercial premises, what would be the correct process to evict them? Would a court order need to be obtained? If a new lease has been signed by the landlord and a new tenant (which starts at the end of the current lease) would a landlord be bound to this lease should they not be able to remove the current tenant in time?

Commercial tenancyThe tenant will need to have regard to:•any legislation requiring closure of premises or restricting movement that is in force and...

22nd Jan

COVID-19

Q&As

Can a landlord of a periodic assured shorthold tenancy (AST) rely on the discretionary ground 14 (nuisance) in a notice pursuant to section 8 of the Housing Act 1988 to obtain possession, where the AST does not contain any grounds for possession?

This Q&A assumes that the property is in England and the landlord is a private landlord, not a social housing provider.In normal times, the simplest...

22nd Jan

Q&As

Is there any guidance for UK commercial tenants who need to fulfill break option obligations by vacating premises during the current coronavirus (COVID-19) restrictions?

The exercise of an option in a lease to end the term (a ‘break option’) is often subject to conditions. Those conditions must be strictly observed,...

22nd Jan

COVID-19

Q&As

In light of coronavirus (COVID-19), when a client has just returned from Italy and thus witnessing security documentation in person is not possible for at least 10 days, would being present via Skype be sufficient for confirming the presence at deed signing? Are there any other procedures in place?

The Law Commission on Electronic Execution of Documents (Law Com No. 386) concludes that there is no need for formal primary legislation to reinforce...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

COVID-19

Q&As

A landlord served an opposed section 25 notice on the basis of persistent failure to pay rent—resulting in significant arrears of rent—and other breaches of lease. The tenant has until June 2020 to issue proceedings. Is the position affected by the Coronavirus Act 2020? The landlord wishes to gain possession as soon as possible.

Where a tenant occupies premises for the purpose of carrying out a business, it is likely that, unless the provisions of Part II of the Landlord and...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

COVID-19

Q&As

Are there General Data Protection Regulation issues to consider in the context of a landlord or managing agent passing information in respect of a tenant(s) to their legal advisers in respect of a proposed vacant possession strategy or providing other legal advice in connection with the enforcement of tenant covenants in a lease and a bailiff or enforcement officer for the purposes of recovering rent arrears?

For an outline of the effect of the General Data Protection Regulation, (Regulation (EU) 2016/679) (the GDPR), see Q&A: How does the General Data...

22nd Jan

Practice notes

The Upper Tribunal (Lands Chamber)—practice and procedure

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

19th Jan

COVID-19

Practice notes

Commercial rent arrears recovery (CRAR)

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

19th Jan

COVID-19

Practice notes

CPR 55 procedure in relation to residential common law tenancies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

18th Jan

COVID-19

Practice notes

Brexit post implementation period—CPR changes

This Practice Note sets out the changes to the Civil Procedure Rules set out in The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019,...

18th Jan

Brexit